Case Details

Citation(s)
1989 SLG 1755 1989 SLD 1755 1989 PLC 515
Lahore High Court
Writ Petition No. 35-S of 1982, heard on 4th December, 1988.
MUHAMMAD SHARIF, J

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ZONAL CHIEF, HABIB BANK LIMITED

VS

THE PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and 3 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2(viii) & 25-A--Grievance notice and grievance petition--Person authorized to be served--Zonal Chief of a Bank is the assignee and person responsible for the management, supervision and control of the establishment--Such person being the employer of the workman, grievance petition was rightly directed against him and grievance notice was validly served on him--Held Office of establishment need not have been made a party to grievance petition. (b) Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 2(xxviii) & 25-A--First Wage Commission Award, para. 237--Worker--Bank employees covered by the definition of "worker" could place their grievance before National Industrial Relations Commission or a Labour Court. Muslim Commercial Bank Ltd., Karachi v. National Industrial Relations Commission and 2 others 1981 P L C 538 ref. Iftikhar Ahmad and others v. President, National Bank of Pakistan and others P L D 1988 S C 53 eel. (c) Industrial Relations Ordinance (XX111 of 1969)-- ---Ss. 38-A & 38-G--First Wage Commission Award, para. 237--Wage Commission was deputed to fix rate of wages and determine other terms and conditions of service in respect of workers of a Bank--Every worker, according tc decision of the; Wage Commission, would be entitled to be paid the wages and governed by the terms and conditions determined by the Wage Commission-­Promotion is the cardinal condition of service for the workers of the Bank which has been regulated by para. 237of Wage Commission Award. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--First Wage Commission Award, para. 237--Constitution of Pakistan (1973), Art. 199--Promotion of worker--Mode--No illegality committed by lower forums in exercise of jurisdiction--Interference in Constitutional jurisdiction not warranted--Promotion of a Bank employee to be made on the basis of (i) experience, (ii) length of service and (iii) overall performance of an employee-­Experience and length of service have nothing to do with a written test-­Promotion on basis of written test thus was not warranted--Overall performance means worker's past performance up…
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